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By Phillip Smith, stopthedrugwar.org
The US Supreme Court dealt a blow to mandatory minimum sentences (MMS) on June 17, 2013 by ruling that any facts used to trigger MMS are “elements” of the crime that must be proven to a jury, not left to a judge. Justice Clarence Thomas wrote in the majority opinion that, “… mandatory minimums heighten the loss of liberty.”
Until the 5-4 ruling in Alleyne v. US, judges had been able to find certain facts that would trigger MMS, such as quantities of drugs involved in an offense, based on a “preponderance of evidence” in post-conviction sentencing hearings. Now, those facts will have to established by juries in the course of the trial, using the higher standard of proof “beyond a reasonable doubt.”
The case is the latest in a line of cases that began with the groundbreaking 2000 Supreme Court decision, Apprendi v. New Jersey,
Read More: US Court empowers juries in sentencing issues
By Jeremy Daw, westcoastleaf.com
The Ohio Cannabis Rights Amendment (OCRA), a 2014 ballot initiative to amend the Buckeye State’s constitution and establish a civil right to use cannabis for medicinal purposes and to grow industrial hemp, passed its first procedural milestone May 17, 2013.
State Attorney General Mike DeWine certified the Amendment’s description as “a fair and truthful statement of the proposed law or constitutional amendment” and confirmed that it was accompanied by more than 1,000 valid signatures, as required by law. The Ohio Rights Group, which drafted and promoted the proposed amendment, submitted it with a total of 2,058 signatures and 179 written petitions. Next the state Ballot Board must determine whether the proposed language covers only a single issue, after which the OCRA campaign will return to the body politic to gather the more than 385,000 valid signatures needed to put a constitutional amendment on an Ohio ballot.
Read More: Move to list cannabis as a right in Ohio
By Paul Armentano, norml.org
Once again a new study has affirmed that the enactment of statewide medical marijuana laws is not associated with increased rates of adolescent use.
According to a report published online in June, 2013 by the American Journal of Public Health, the passage of medical use laws has had no “statistically significant … effect on the prevalence of either lifetime or 30-day marijuana use” by adolescents in those states.
Researchers at the University of Florida College of Medicine studied data from the years 2003 and 2011 and “found no evidence of intermediate-term effects of passage of state MMLs (medical marijuana laws) on the prevalence or frequency of adolescent nonmedical marijuana use in the states evaluated.” Authors concluded, “Our results suggest that, in the states assessed here, MMLs have not measurably affected adolescent marijuana use.”
The study’s findings rebut the myth that passage of medical cannabis adversely impacts
Read More: Study: Legal medical use has no measurable effect on teen use rates
By Chris Conrad, westcoastleaf.com
Public opinion polls show a surge of support for cannabis reform in the first half of 2013. Even many Republicans and young Christians favor more progressive policies than the Obama administration has delivered, but federal officials lag far behind.
Industrial hemp — while not well known — is nonetheless widely supported. Fifty-six percent of Americans support legalizing industrial hemp farming and production of low-THC strains, according to national polling data released in May by YouGov.com and The Huffington Post.
The Pew Research Center for the People and the Press released a poll in early April that found 52% of Americans favored marijuana legalization, compared to 45% for keeping it illegal. This was the first time in the history of the Pew poll that legalization has been favored by a majority.
A lot depends on how the question is framed. More than nine out of 10 US
Read More: Polls: Surge in public support for cannabis reform
By Jeremy Daw, westcoastleaf.com
Licensed and permitted cannabis dispensaries are legal in California — but local governments can also ban dispensaries — after the state Supreme Court handed down a double-edged ruling May 6, 2013. The City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. ruling, S198638, held that state law “implicitly permits local regulation of medical marijuana facilities.”
Whereas hundreds of local dispensaries are in compliance with the state’s Medical Marijuana Program (commonly known as SB420), the ruling now gives a green light to the more than 80 municipal governments seeking to use land-use ordinances to block cannabis storefronts from operating.
The case revolved around the decision by the Southern California city of Riverside to ban dispensaries as a prohibited land use and demand that the IEPHWC close its doors. The center fought the injunction in court, where both the trial and appellate judges ruled against
Read More: California dispensaries get mixed news from high court
Colorado legislates legal cannabis rules, Washington hands task to Alcohol Board
By Jeremy Daw, JD, weedthepeoplebook.com
Since two states legalized adult cannabis sales and use last November, they have taken different approaches to the voter mandates. Colorado’s Amendment 64 Implementation Task Force, an appointed body of experts and bureaucrats, has released its final recommendations for how to treat cannabis businesses in the state’s new legal regime. By contrast, Washington State has outsourced much of its implementation of Initiative 502 to an outside group.
Colorado’s A-64, approved by a 55-45 margin by voters, placed a constitutional imperative on state bureaucrats to regulate so-called “recreational” cannabis in a manner similar to alcohol, but many of the specific regulations like tax rates and cultivation restrictions were left unaddressed by the voter-approved ballot initiative. The Task Force’s recommendations, which are preliminary and non-binding, are thus the first proposed rules for many specific situations.
Read More: Two states take different approaches to legalization
By Paul Armentano, NORML Deputy Director
California medical marijuana patient Daisy Brant has had her infant child literally torn from her breast twice to be handed over to Child Protective Services and been charged with child abuse because police found medical marijuana growing in her home. She won the first case, got her child back, was raided again and is now fighting the second case as a new published study shows how wrong and cruel the police have been in this and other cases in what amounts to little more than what Brant has called “government-sanctioned child-stealing.”
“The role of child protection in grow-operations,” a study in the March 2013 International Journal of Drug Policy, shows that children who live in homes where marijuana is being cultivated do not suffer from adverse health effects at any greater rate than do comparable children in cannabis-free environments.
A pair of investigators with
Read More: Study: Home marijuana gardens not a health risk for children
While tourists who travel to Amsterdam, The Netherlands, have coffeeshop access to top-shelf cannabis for about $12.50 per gram, visitors to Copenhagen, Denmark, buy their supply on Christiania’s “Dealer’s Street.” Varieties primarily consist of overpriced Moroccan hash, but there is also some home-grown herb: limp, sparse buds of Jack Herer, White Widow, and Bubble Gum selling for $22.50 per gram. The cheapest deal is seeded, outdoor-grown at $8 per gram.
That may change soon. Part of the city’s plan to legalize cannabis, presented at a March 15, 2013 conference, is to explore importing from two US states that recently legalized adult use of the herb, according to prepared documents from the council. The city proposed a three-year trial, stating, “The legal sale of cannabis will result in decreased gang criminality, more prevention and a better life for average cannabis users”.
Deputy mayor for social affairs Mikkel Warming told the Copenhagen
Read More: Danish capital wants to offer American bud
December 15, 1941 – February 6, 2013
San Francisco, California Randall “Randy” Givens passed away Feb. 6, 2013 at age 73, following years of poor health. A colorful character in the San Francisco medical marijuana activist scene, he was a pool hustler, a supporter of Prop 215 – California’s 1996 medical use initiative, and a common fixture at the SF Cannabis Buyers’ Club SF-CBC until it was shut down by the state in 1998, long before SB 420 authorized patient collectives.
He was one of five children born and raised in Springfield. He moved to San Mateo, CA in the 1960s but returned to San Francisco in the early 1970s and worked as a custom cabinet maker and woodworker into the 1980s. He sold marquetry artwork as a San Francisco street artist during that time. He was a columnist for several years with “Pool and Billiard” magazine, a national
Read More: Randy Givens, San Francisco activist
One unusual victim of the federal raids is the world famous Oaksterdam Cannabis Museum, which had been sponsored by Richard Lee. The museum needs to find new sponsors and a new location as soon as possible, to reopen its doors. Can you help? To help or donate, visit OaksterdamCannabisMuseum.com or email museum@oaksterdamuniversity.com
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